Section 16.42 Report on Investigation and Social Study in Termination of Parental Rights Proceeding

• Library: Evidence 2017

B. (§16.42) Report on Investigation and Social Study in Termination of Parental Rights Proceeding

Section 211.455, RSMo 2016, requires the court to order an investigation and social study of the family in a proceeding to terminate parental rights. The study is to “aid the court in determining whether the termination is in the best interests of the child.” Section 211.455.3. The statutory requirements are mandatory. In re D.D.C., 351 S.W.3d 722, 734 (Mo. App. W.D. 2011).

There is no requirement that the report be formally offered or received in evidence or that the court take judicial notice of the report, In re S.J.G., 871 S.W.2d 638, 639 n.1 (Mo. App. S.D. 1994), although its receipt into evidence is not erroneous either, In re S.J., 849 S.W.2d 608, 612 (Mo. App. W.D. 1993). The Supreme Court of Missouri has ruled that the trial court’s failure to comply with the requirements in Chapter 211, RSMo, was reversible error. In re Adoption of C.M.B.R., 332 S.W.3d 793, 812 (Mo. banc 2011) (it was plain error for the report not to be provided to the court before the hearing on termination).

There are two aspects to a termination of parental rights proceeding:

1. The court must find that one or more statutory grounds for termination exist.

2. The court must find that termination is in the best interests of the child.

The report prepared under § 211.455.3 is admissible only on the...